GROWTH MANAGEMENT ELEMENTS GOALS AND POLICIES

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1 GROWTH MANAGEMENT ELEMENTS GOALS AND POLICIES UTILITIES ELEMENT Introduction The sets forth City policies for water, sanitary sewer and storm drainage services, and relates the Comprehensive Plan to development plans of independent utility providers in a coordinated and consistent manner. It incorporates by reference the Oak Harbor Comprehensive Water System Plan, 2003, and Oak Harbor Comprehensive Sewer System Plan, 2007, and any updates thereto. The was prepared in accordance with Section 36.70A.070 of the Growth Management Act (GMA), and is consistent with the of Island County's Comprehensive Plan and Countywide Planning Policies 1, 2, 3, and 5. The contains a statement of Goals and policies, and a general inventory of existing and planned utilities. The also describes how the Goals in other Comprehensive Plan elements will be implemented through utility policies and regulations. The exact siting of utility corridors will be subject to further public review. Scope and Organization of the GMA requires that the "utilities element [consist] of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines" (RCW 36.70A.070). The City is also required to plan for water, sanitary sewers, storm drainage and solid waste facilities, and has elected to address these services in the (WAC ). The format of this chapter is consistent with WAC , Growth Management Act -- Procedural Criteria for Adopting Comprehensive Plans and Development Regulations. Section II provides an inventory of the utilities serving the City of Oak Harbor and its Urban Growth Area (UGA), analyzing existing capacity, future needs and planned improvements. This is followed by a statement of City Goals and policies for utility siting and service in Section IV. Technical and financial information about city utilities is found in the Capital Facilities Element, Comprehensive Water Plan (2003), Comprehensive Sewer System Plan (2007), and Comprehensive Storm Drainage Plan (2007). Inventory And Planned Improvements This chapter provides a summary of the utilities currently serving the Oak Harbor UGA and incorporated City limits, and a description of improvements planned to meet anticipated demand through the GMA planning period. Also discussed are issues relating to siting particular utilities. Maps of the existing and planned systems are found in the Appendix. The plan references information collected from the City of Oak Harbor Public Works Department, Cascade Natural Gas Corporation, Puget Sound Power and Light Company (Puget Sound Energy) and AT&T Wireless - Cellular Telephone. 84

2 Water Oak Harbor obtains water from Anacortes via 10- and 24-inch transmission lines, and from an aquifer below the city via three wells. The Anacortes supply is the primary source. The City updated its Comprehensive Water System Plan in Oak Harbor has entered into a 20-year Water Supply Agreement with Anacortes, and renegotiates water charges and committed water volume with an annual amendment. The most recent water service amendment (2001) allows Oak Harbor to withdraw 2.66 million gallons/day, or adequate water through the year The Navy and the City have an equal allocation of water capacity through the existing transmission lines. The supply and transmission system has sufficient capacity to meet the projected 2013 peak-day demand for the UGA service area. The Water System Plan analyzed the City's need for reservoir capacity and proposes additions to the system to meet projected demand, including required fire flows. Sanitary Sewer Refer to the City of Oak Harbor Comprehensive Sewerage Plan, adopted by City Council in 2007, for all pertinent information concerning the sanitary sewer system. The plan contains a description of the existing system, population projections, design criteria for future systems, and proposed improvements. Storm Drainage A Comprehensive Storm Drainage Plan was adopted by the Mayor and City Council in The Plan contains background information, water quality assessment, alternative solutions for improving Oak Harbor's run off quality, and funding alternatives for implementing the Comprehensive Plan. Solid Waste In July of 1980, the City of Oak Harbor terminated it's sanitary landfill operations and began, through an interlocal agreement, to use the County's landfill site for disposal of it's municipal solid waste. All operating revenues are obtained through collection and container fees and storage rentals. User charges are adjusted according to present needs. Natural Gas Washington State law requires gas providers to demonstrate that existing customers will not subsidize new customers. Thus, gas transmission line extensions are not planned in advance but are initiated only when there is sufficient customer demand. Natural gas is piped to North Whidbey Island through a six inch high-pressure submarine line connecting Brown's Point on Camano Island to Strawberry Point east of the NAS-Whidbey Seaplane Base (Figure 1). Within the City of Oak Harbor, gas pipelines are typically located in street rights-of-way, however, some developments may receive service through utility easements on adjoining properties. Service is limited to the incorporated city limits, NAS Whidbey Island, and surrounding unincorporated areas within a short distance of the transmission main. 85

3 Future Demand and Proposed Facilities Natural Gas The location, capacity and timing of improvements to the CNG distribution system are driven purely by demand. This means that, unlike electrical or telephone service, improvements are initiated solely by customer requests. This applies to both new service connections and conversion from other energy sources to natural gas. Requests for natural gas service may legally be refused if the extension is not cost-effective to the company. No major new facilities, upgrades, or extension of services beyond the existing service areas are planned or anticipated within the next 20 years, but the utility may serve new development outside present service areas if it is relatively close to existing mains. Figure 1 shows CNG service areas in Island County. Electrical Facilities Oak Harbor and its urban growth area are served exclusively by Puget Sound Energy. Electrical utilities must plan for growth to a much greater extent than other utilities, due to their public service obligations under law, and the regional scope of electrical supply and demand. The Federal Energy Regulatory Commission (FERC), regulates electrical utilities by fixing rates and fees, and licenses hydroelectric projects through its agency arm, the Department of Energy. Privately-owned electrical utilities, such as Puget Sound Energy, are regulated by the Washington Utilities and Transportation Commission (WUTC), which is responsible for ensuring that safe and reliable service is provided at a reasonable cost. Under State law, electrical utilities must provide electrical service to all customers on demand on a uniform and non-discriminatory basis. Due to the need for integrated and cooperative planning, the five major electrical utilities in Washington State (Puget Sound Energy, Snohomish County PUD, Bonneville Power Administration, Seattle City Light and Tacoma Public Utilities) have developed a long-term plan to address regional facilities (i.e., greater than 115 kilovolts). Prepared specifically for local governments planning under the GMA, the Regional GMA Inter-Utility Report (November, 1992) details major facility needs over the next twenty years for the Puget Sound Region. The joint plan represents a commitment by these utilities to work closely with each other and with local jurisdictions. In addition, the City of Oak Harbor is coordinating its electrical utility planning efforts with the Island County - Whidbey Island Draft GMA Electrical Facilities Plan, prepared by Puget Sound Power & Light Company, March Voltages and Safety Issues The potential for health hazards resulting from exposure to electric and magnetic fields (ELF/EMF) has gained public attention during the past decade. Scientific research into electric and magnetic fields of the type and levels found near power facilities is on-going. While new electrical facilities are typically designed to reduce electric and magnetic fields, the Environmental Protection Agency has not adopted any standards related to ELF/EMF impacts. 86

4 The Electric Utility System Oak Harbor is dependent on off-island sources of power, as there are no substantial generating facilities on Whidbey Island. Puget Sound Energy electricity is generated by Columbia River hydroelectric facilities in Eastern Washington and British Columbia, along with other facilities in Whatcom and Skagit counties (including gas-fired combustion turbines at the Texaco refinery near March Point on Fidalgo Island). From the March Point substation on Fidalgo Island, two 115 kv transmission lines cross Deception Pass and terminate at the Whidbey Transmission Substation south of 555 NE 7 th Avenue in Oak Harbor. From there, two 115 kv lines run south toward Coupeville and Greenbank. Four distribution substations at Heller Road (Hillcrest), at Swantown Avenue, at Crescent Harbor Road, and co-located with the Whidbey sub-station (Faber), serve the incorporated city, while the Clover Valley substation serves the area north of Oak Harbor and south of Ault Field. The U.S. Navy Porter Substation located on Charles Porter Avenue serves NAS Whidbey-Ault Field (See Figure 2). Future Demand Puget Sound Energy has projected demand for electrical service in Oak Harbor based on the county's GMA population forecast. By 2010, the utility anticipates serving a city population of 33,652 and an employment base of 7,555; this represents a new adjusted load requirement of 40,171 KVA. While Puget Sound Energy's population forecast exceeds the city's forecast of 28,580, the difference is determined to be insignificant from the standpoint of required improvements. Electricity demands vary depending on land use type. Residential electrical load growth is influenced by the seasonal changes in population; population is at its highest peak in the summer. Industrial electrical load growth is largely influenced by activity at NAS Whidbey, the only significant industrial load on the island. For the purposes of this plan, the City and Puget Sound Energy assumed that the current NAS Whidbey load of 7 MVA will remain unchanged. (Electric System Plan, PSP&L, 1994). With the addition of Hillcrest Substation, electrical load has been reduced at each of the other substations serving Oak Harbor, providing additional reserve capacity. The substations serving Oak Harbor now have additional reserve capacity. The substations serving Oak Harbor now have sufficient capacity to accommodate forecasted load growth and the loss of a substation without an expectation of sustained service interruptions. Proposed Facilities Projected electrical load growth island-wide and a need to improve the reliability of the service delivery to the island will require transmission system improvements at the northern end of the island between March Point (Fidalgo Island) and Whidbey substations (Oak Harbor). Puget Sound Energy proposes to build a third transmission line between these stations, using either an overhead crossing at Deception Pass or an underwater crossing east of the pass, along a corridor separate from the one currently used, by the year The additional line would increase transmission capacity to the island; the separate corridor would reduce the likelihood of loss of all transmission lines in the event of storms. The proposed line would be initially energized at 115 kv and could be later upgraded to 230 kv when necessary. The precise routing has not yet 87

5 been determined, and will likely require a collaborative planning effort between Skagit and Island counties, the City of Oak Harbor, Puget Sound Energy and the State (See Section IV, Goals and Policies). The following 20 MVA distribution substations are planned for North Whidbey Island: 1. Torpedo Substation is proposed to serve commercial and residential growth in east Oak Harbor. It may also provide system backup through feeder ties to the Faber and Crescent Harbor substations. Telecommunication Facilities Telephone Like investor-owned gas and electric companies, telecommunications companies are regulated by the WUTC, which establishes service levels and rates. Standard telephone facilities include a central plant, which houses switching gear (usually in the same building as central offices), utility poles, and overhead or underground lines. Underground installation of telephone lines and use of efficient fiber optic systems is becoming more common as technology advances and regulators respond to aesthetic concerns. Verizon serves North Whidbey Island, including the City of Oak Harbor and its UGA. Cellular Telephone Service A cellular system consists of cells (geographic areas served by a transmitting and receiving tower), cell sites (the tower site, base station radio and interconnecting equipment), a switching station (which receives and distributes signals from the cell sites via conventional lines and microwave signals), and the cellular phones themselves. Cellular phones can operate only within the range of a given cell site. Therefore, in order to cover broad service areas, cell sites must be located close enough to one another to provide uninterrupted service as the user moves from one location to another. With advances in digital technology, the capacity of cell sites will increase. Therefore, capacity is not anticipated to be a problem in the future. There are several providers of cellular telephone service within the Oak Harbor UGA. These providers operate a network of cell sites within the City of Oak Harbor, Island County and surrounding counties in order to provide adequate coverage. Additional cell sites will be constructed in response to consumer demand as regulated by the Federal Communications Commission. Siting Issues Cellular towers can pose siting problems due to aesthetic concerns and conflicts with competing radio signals. The towers can be free-standing, but are often placed on top of existing structures. As service demands change, cell sites may need to be reconfigured. For example, as additional cell sites are added to the system, tower heights may need to be changed to prevent overlapping radio coverage. The Federal Communications Commission (FCC) regulates the public airwaves, assigning frequencies and licensing cellular telephone utilities. The FCC requires that transmitting towers be located such that signals are unobstructed. Local governments may regulate tower siting to the extent that a utility's federally-licensed right to use the airwaves is not impeded. A local jurisdiction can deny approval of an individual tower site based on established 88

6 policy, but cannot impose an outright ban on towers, or effectively prohibit towers within its jurisdiction through repeated denials or excessive conditions. The Federal Aviation Administration (FAA) also reviews proposed towers when they exceed 200 feet in height or when the proposed location is within 20,000 feet of a major airport (i.e., serving military or commercial aircraft), or within 10,000 feet of a smaller airport. While the FAA does not have the authority to deny siting proposals, it coordinates its review process with the FCC, who may deny a particular site if the FAA objects. Cable Vision Cable utilities transmit television programming via coaxial cable from trunk lines, which originate at "head-end" or data processing sites. Though the term "cable" implies wiring throughout the system, many cable systems also rely on satellite dishes and microwave antennas. Overhead utility poles are often used to run cable distribution lines, however, underground installation is becoming more common. Existing System and Future Service AT&T Broadband serves the North Whidbey area. Future demand and cable television facilities are expected to follow forecast population growth in Oak Harbor. The following Goals and policies serve as a framework for the expansion of public and private utilities serving Oak Harbor. They are intended to provide a long-range plan for utilities to protect the public health, welfare and safety. Utility construction projects must be consistent with Goals and Policies. The meets the requirements of GMA, and is consistent with the County Wide Planning Policies and Urban Growth Area Agreement between the City of Oak Harbor and Island County. Goal 1 - Facilitate the orderly and cost-effective development of all utilities at adequate levels of service to accommodate growth that is projected to occur within the Oak Harbor UGA. Policy: 1.a The City shall ensure that public utility services within the Urban Growth Area (UGA) are at a level that is consistent with an urban community. The Comprehensive Water System Plan, Comprehensive Storm Drainage Plan, and Comprehensive Sewer System Plan are used as a guide in operating and expanding municipal utilities. These plans contain level-ofservice standards and an analysis of service capacity, projected needs and planned improvements, for inclusion in the City's Capital Facilities Plan. The plans should be updated at least once every six years. 1.b Sound growth management principles should be used to guide extension of utilities within the UGA. Capital facilities shall be phased using 10-year growth tiers within the UGA. Utilities may be extended into the second tier ahead of established timeframes for enterprise areas. Also see Capital Facilities for priority of financing projects. 89

7 1.c The City should consider allowing phased upgrading of utilities for existing uses, for example, meeting fire flow and city sewer requirements, when immediate upgrading of existing properties would create an undue hardship. 1.d New water and sewer extensions are not allowed beyond the UGA and the boundaries of existing service districts. The Growth Management Act severely restricts the City of Oak Harbor's ability to provide domestic water service outside the urban growth area. The Comprehensive Water System Plan does not consider water use outside the UGA, with the exception of the existing service to North Whidbey Water District and Deception Pass State Park. The plan includes the following language: The evaluation of water supply is based solely on the estimated demands for Oak Harbor, NAS Whidbey and the two service districts. It is acknowledged that Coupeville and other water purveyors in the north Whidbey Island area may request water service at some future date. Requests for water service will be considered if the governmental entity establishes the legality of service, secures a water allocation from Anacortes, and agrees to pay all costs of the following: Studies necessary to evaluate impact of service Legal fees System development charges Improvements/expansion necessary for service Pumping costs Annual maintenance and operation costs Prorated share of Anacortes charges Prorated share of general system improvements as defined in the Oak Harbor Comprehensive Water Plan. 1.e The City should consider actual usage fee rates on an income needs-based scale that will assist low-income adults to remain in their own homes (for example: actual water and solid waste, sewer and direct-cost service hookup fees). 1.f The City should coordinate land use and utility planning to promote costeffective utility services. Specifically, the Land Use Element and level-ofservice standards shall be used to determine future service requirements, and utilities shall be designed accordingly. 1.g The City shall encourage innovative solutions for reducing utility costs, managing growth and protecting the public health, safety and welfare. 90

8 Shared storm drainage facilities, such as regional detention ponds, is preferred over individual site-specific drainage facilities.. Co-location of utilities should be encouraged when co-location reduces impacts and does not substantially increase costs. Utility lines should be co-located in trenches whenever possible. Flexible and innovative construction techniques which reduce cost and impacts of utilities should be encouraged. 1.h In extending utilities, the City shall seek to recover costs, including overhead costs, and the costs to maintain and operate these systems. Debt financing shall be minimized whenever possible. The intent of this policy is to anticipate the utility needs of development and require private financing of improvements, as warranted, to mitigate development impacts. Financing may be achieved in a number of ways. The City currently uses system development charges a.k.a. "impact fees" to allocate the long-term cost of improving sewer and water system capacity. Another method of funding is the "local improvement district" (LID). Comprised of local property owners, LID's are used to develop specific projects which benefit a discrete area. An LID may be used to upgrade service to an area, or extend services into a previously unserved area. Utility infrastructure may also be constructed at the time of development, at the cost of the developer. Developers may apply for "credit" toward system development fees when they install oversized utility lines in conformance with the Comprehensive Plan. Credit toward off-site public improvements should not be provided, except where such improvements promote infill development. Other methods of financing include grants and bonding by the City. Reimbursement or "latecomers" agreements may be used to collect payment from property owners over time to repay infrastructure costs, as development occurs along a new utility line. 1.i Enterprise areas may be identified by City Council for extension of utilities into the UGA ahead of annexation. The purpose of such areas shall be to promote economic development in conformance with economic development Goals (See Economic Development Element). Implementation of this policy shall be consistent with environmental policies, and the objective to manage growth within the UGA (Urban Growth Area Element). 91

9 1.j As a condition of the City granting sewer service prior to annexation within an enterprise area, property owners shall be required to commence annexation proceedings within a timeframe established by agreement with inclusion of an intended completion date. 1.k Sewer service may be provided prior to annexation within enterprise areas only for non-residential uses. 1.l Any new construction on properties within enterprise areas provided sewer service prior to annexation shall comply with current standards of the Aviation Environs Overlay Zone and with current Noise Attenuation Standards. 1.m Financing of utility extensions into enterprise areas should be mainly borne by the properties receiving the extended service unless grants or other outside financial sources are found or made available. The City may wish to participate in financing utility extensions in order to encourage economic development. 1.n The City shall meet annually with the Navy to review the capacity of the shared sewer treatment facility. 1.o Utility siting and construction should continue effective service with minimal periods of interruption. 1.p Conditions which facilitate a utility s ability to meet its public service obligations under state law should be included in contract and franchise agreements between City and private utilities. The City should support local initiatives to increase the variety and efficiency of telecommunication services available in Oak Harbor, under the condition that proposed fees and rates are equitable and proposed towers and other facilities are compatible with adjacent land uses. State legislation and administrative rules which provide for optimal service should be supported. Consideration should be given to expanding the direct dial area (DDA) for telephone service, and cable television coverage of public meetings and community events. Goal 2 - Process permit requests for utilities in a fair and timely manner to ensure predictability. The Growth Management Act mandates "predictability" in offering utility permits (RCW ). One way to promote fairness and efficiency in the permit process is through open lines of communication including timely, effective notification, inter-jurisdictional coordination, and opportunity for public input early-on. 92

10 Policy: 2.a Provide timely, effective notice to private utilities and customers regarding the review and approval of major projects. 2.b Work with private utilities and other jurisdictions to coordinate long-range plans for service expansion. 2.c Facilitate public participation in utility siting decisions early on in conjunction with private utilities to ensure that community Goals are addressed, while streamlining the permit process. 2.d The City should review and amend existing regulations as necessary to provide clear and objective standards for maintenance, repair, installation and replacement of utilities. Such changes shall be consistent with other Goals and policies of the Comprehensive Plan for construction practices, restoration of City property/rights-of-way, environmental protection and oak tree preservation. Goal 3 - In conformance with the Comprehensive Plan use the and consult with utility providers, to guide decision-making and achieve community Goals. Policy: 3.a Review proposed utility projects based on Comprehensive Plan policies and other regulations. Land use, transportation, urban design and environmental elements should guide the decision-making process. Appropriate conditions for compliance shall be established as needed. 3.b The maps identify the general location of proposed utility corridors and planned facilities. Final alignment changes shall be subject to public review. 3.c Coordinate with Island County and utility providers to encourage orderly extension of services. 3.d Allow joint use of land for utilities, when feasible. When practicable, new utility distribution lines should be installed in shared rights-of-way. Development of surface water detention and infiltration areas jointly with parks and open spaces should be encouraged when mutually compatible. The City should initiate agreements with private utilities and property owners to allow joint use of utility corridors for trails, open space and storm water management, to the extent that the uses are consistent with the Comprehensive Plan, and corridors are determined to be suitable for the proposed use (See Comprehensive Parks and Recreation Plan; Comprehensive Storm Drainage Plan). 93

11 3.e As a condition of development, easements shall be provided by property owners as necessary to install and maintain utilities. 3.f The City will observe the Island County wellhead protection program for development in vicinity of operating wells in the unincorporated areas. Goal 4 - Minimize aesthetic and environmental degradation from utility operation, installation, replacement, repair and maintenance. Policy: 4.a When practicable, the City should strive to reduce the environmental and aesthetic impacts of the construction, operation and maintenance of utilities. 4.b Avoid, minimize and mitigate impacts on environmentally sensitive areas, based on best available science as required by the Environmental Element and Critical Areas Ordinance. 4.c Continue monitoring the research into the environmental health effects of transmission lines, cell sites and other potential sources of electrical and magnetic fields, and update land use standards as necessary. 4.d Regulate utility construction to mitigate construction-related disruptions to neighborhoods and disturbances to the environment. 4.e Underground utility distribution lines shall be required in all new developments. 4.f To the extent possible, above ground utilities should be screened within a building, sight obscuring fence or landscape or by locating the utilities out of public view. 4.g Appropriate, low growing vegetation should be encouraged under and around above ground utility lines. The landscape code should reflect this policy. 4.h Continue to implement Puget Sound Water Quality Management Plan standards for storm water. 4.i Meet National Pollution Discharge Permit requirements for sanitary sewer discharge. The City should coordinate with the Navy to help address the sewer discharge from the Navy base to achieve the National Pollution Discharge Permit requirements. The City should consider any methods necessary to reach these requirements. (See Environment Element.) 94

12 4.j Coordinate utility projects to avoid or mitigate impacts to Garry Oak Trees. Permits must be obtained prior to any tree-trimming projects involving Garry Oak trees. Goal 5 - Encourage resource conservation to make existing public improvements more efficient. Policy: 5.a The City should adopt site design standards, which provide for solar access, and installation of solar energy systems where feasible. 5.b Continue to support energy efficiency by encouraging low impact sustainable development through building practices, landscaping and site designs, which promote natural resource conservation. 5.c Continue to develop the City's solid waste recycling program as a means of resource conservation. Encourage site designs, which allow for cocollection of trash and recyclables. 5.d Encourage use of storm drainage solutions, which use natural processes to make existing infrastructure more efficient while protecting wetlands and drainage functions. 5.e Protect groundwater recharge capacity to the greatest extent practicable (see Environment Element.) 5.f Require preservation and/or replanting of landscaping in developments to support energy conservation Goals. 5.g Implement the Water Conservation Program, as outlined in the Comprehensive Water System Plan, including adoption of a conservation rate structure. An effective conservation program can result in reduced water and sewer bills, reduced energy costs to the City, increased life of water and sewer treatment facilities, environmental protection and improved water quality. The plan recommends use of promotional materials in water bills, builder contacts through the Building Department, assistance to wholesale and retail customers, use of bills showing consumption history, continued monitoring of leaks, residential conservation kits, technological improvements to nurseries, promotion of xeriscaping, and use of a conservation rate structure. The Comprehensive Water 95

13 System Plan estimates a reasonable, cost-effective water conservation Goal at 5% of current water use. 5.h The City should explore the possibilities of using gray water as a method of water conservation. 5.i The City should implement public education and any other measures necessary to conserve sanitary sewer treatment capacity. Goal 6 - The City of Oak Harbor shall work in conjunction with the City of Anacortes to ensure Oak Harbor's water needs are addressed. Policy: 6.a The City of Oak Harbor and the City of Anacortes should coordinate and maintain consistency in projecting growth for Oak Harbor and NAS Whidbey regarding water needs. 6.b The City of Oak Harbor shall negotiate with the City of Anacortes a longterm contract to address forecasted water demands and long-term viability of water resources. 6.c The City of Oak Harbor should support the City of Anacortes in maintaining water rights. 6.d The City of Oak Harbor should explore alternative water sources, such as a desalinization plant, if the existing primary water source for the City becomes limited in the future. Goal 7 - The City should develop a program, in cooperation with the affected utilities, to encourage the under grounding of overhead utility lines. Policy: 7.a Establish priorities for the retrofitting and burying of overhead distribution lines adjacent to City arterial streets and other areas. 7.b Coordinate burying of overhead utilities with other street upgrade projects and include this activity in the capital facilities budget. 7.c Where feasible, reroute transmission lines in the future to less conspicuous corridors. 7.d Work with the local utility providers to develop a plan that will provide for underground power lines in the downtown business core, as defined by "Harbor Watch Downtown Redevelopment Plan". 96

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